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PIETRAS v. BOARD OF FIRE COM'RS OF FARMINGVILLE

Nos. 98-7334(L), 98-7486(XAP).

180 F.3d 468 (1999)

Victoria PIETRAS, Plaintiff-Appellee, v. BOARD OF FIRE COMMISSIONERS OF THE FARMINGVILLE FIRE DISTRICT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 18, 1999.

Attorney(s) appearing for the Case

Vincent R. Fontana, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, NY, for Defendant-Appellant.

Richard Hamburger, Hamburger, Maxson & Yaffe, LLP, Melville, N.Y. (Lane T. Maxson, on the brief), for Plaintiff-Appellee.

Lisa Wilson Edwards, United States Department of Justice, Washington, DC (Bill Lann Lee, Acting Assistant Attorney General, C. Gregory Stewart, General Counsel, Phillip B. Sklover, Associate General Counsel, Carolyn L. Wheeler, Assistant General Counsel, Dennis J. Dimsey, Geoffrey L. Carter, Equal Employment Opportunity Commission, Washington, DC, on the brief), for Amici Curiae The Equal Employment Opportunity Commission and the United States.

Before: VAN GRAAFEILAND, CALABRESI, and STRAUB, Circuit Judges.

CALABRESI, Circuit Judge:

Following a bench trial, defendant-appellant Board of Fire Commissioners of the Farmingville Fire District ("Farmingville") appeals from a judgment of the United States District Court for the Eastern District of New York (Denis R. Hurley, Judge). The district court found that Farmingville's physical agility test ("PAT"), which all probationary volunteer firefighters were required to pass in order to become full-fledged volunteer firefighters...

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